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to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly w
pieces, we won't be able to answer some of those questions. >> hagel also said the obama administration doesn't have enough information yet to decide whether the surviving 19-year-old tsarnaev brother should be sent to the guantanamo bay prison for terror suspects. >>> we're learning much, much more about the suspects now from the russian republic of dagestan where their father now lives. now cnn can exclusively reveal alleged boston bomber tamerlan tsarnaev, the older brother, had video of a jihadist on his youtube channel. let's get to nick paton walsh now, he joins us by phone from dagestan. so nick, what do you know about this video? i just spoke with the police commissioner here in boston. he says this is a major development to him and it is going to be used in the investigation. >> what we know -- a youtube channel which tamerlan tsarnaev put up, had a link to and had a section called terrorists and had had a link to this man. the link was taken down but we have found the video that appeared to link to. he was a militant from azerbaijan. the better known name here is del gato. wha
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